Opinion
Argued September 13, 1977.
May 16, 1978.
Indictments charging defendant with rape, involuntary deviate sexual intercourse and possession of an instrument of crime. Before KUBACKI, J., without a jury. Finding of not guilty of rape and guilty of involuntary deviate sexual intercourse and judgment of sentence entered. Defendant appealed. Appeal, No. 737, Oct. T., 1977, from Court of Common Pleas, Trial Division, of Philadelphia, May T., 1976, Nos. 1563, 1564, and 1565. Argued September 13, 1977.
Rudolph S. Pallastrone, for appellant; Shelley Robins New, Assistant District Attorney, with her F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Judgment of sentence affirmed.
JACOBS, P.J., and SPAETH, J., concurred in the result.
WATKINS, former P.J., did not participate in the consideration or decision of this case.